N.Y. Civil Service Law § 56: Establishment and duration of eligible lists

§ 56. Establishment and duration of eligible lists. 1. The duration of

an eligible list shall be fixed at not less than one nor more than four

years; provided that, except for lists promulgated for police officer

positions in jurisdictions other than the city of New York, in the event

that a restriction against the filling of vacancies exists in any

jurisdiction, the state civil service department or municipal commission

having jurisdiction shall, in the discretion of the department or

commission, extend the duration of any eligible list for a period equal

to the length of such restriction against the filling of vacancies.

Restriction against the filling of vacancies shall mean any policy,

whether by executive order or otherwise, which, because of a financial

emergency, prevents or limits the filling of vacancies in a title for

which a list has been promulgated. An eligible list that has been in

existence for one year or more shall terminate upon the establishment of

an appropriate new list, unless otherwise prescribed by the state civil

service department or municipal commission having jurisdiction.

2. Notwithstanding subdivision one of this section, the duration of

eligible lists established on or before December thirty-first, nineteen

hundred ninety-six, shall be fixed at not less than one nor more than

four years; provided that, except for lists promulgated for police

officer positions in jurisdictions other than the city of New York, in

the event that a restriction against the filling of vacancies exists in

any jurisdiction, the state civil service department or municipal

commission having jurisdiction shall, in the discretion of the

department or commission, extend the duration of any such eligible list

for a period equal to the length of such restriction against the filling

of vacancies. Restriction against the filling of vacancies shall mean

any policy, whether by executive order or otherwise, which prevents or

limits the filling of vacancies in a title for which such a list has

been promulgated. An eligible list that has been in existence for one

year or more shall terminate upon the establishment of an appropriate

new list, unless otherwise prescribed by the state civil service

department or municipal commission having jurisdiction.

3. Notwithstanding any law to the contrary, the name of any applicant

or eligible whose disqualification has been reversed or whose rank order

on an eligible list has been adjusted through administrative or judicial

action or proceeding shall be placed on an eligible list for a period of

time equal to the period of disqualification or for the period the

application has been improperly ranked, up to a maximum period of one

year or until the expiration of the eligibility list, whichever is

longer. If an eligible list expires prior to the expiration of such

period of restoration, the name of the applicant or eligible shall be

placed on a special eligible list, which shall have a duration equal to

the longer of (a) the remainder of the period of restoration or (b) two

years. An applicant or eligible whose disqualification has been reversed

or whose rank order has been adjusted subsequent to the expiration of an

eligible list shall be placed on a special eligible list for a length of

time equal to the restored period of time not to exceed a maximum of one

year.

4. Notwithstanding the foregoing provisions of this section, where a

court of competent jurisdiction has determined that an eligible list is

invalid, the court may order the creation of a special eligible list

having a duration of not less than one nor more than four years

commencing at the time the corrected list is published.